SEXUAL HARASSMENT
WORI<PLACE:
IN THE
GUID ELIN ES AN D
LEGAL REQUIREMENTS
FOR
RHODE ISLAND EMPLOYERS
Rhode Island Commission for Human Rights
180 Westminster Street, Third Floor
Providence, RI 02903
,
222-2661 (Voice)
www.richr.ri.gov
222·2664 (TOO)
GUIDELINES
ON
SEXUAL
HARASSMENT
The following guidelines of the Rhode Island Commission for Human Rights were adopted in
accordance with the Administrative Procedures Act, Title 42. Chapter 35 of the General Laws
of Rhode Island. They were original!>' riled on October 19. 1988. They were renled in
compliance with Section 42-35-4.1 of the General Laws of Rhode Island. EveI)' Rhode Island
employer is encouraged to utilize these guidelines in order to foster a workplace free of
sexual harassment.
3001(A) Harassment on the basis of sex is a violation of the Fair Employment Practices
Act. Unwelcome sexual advances, reQuests for sexual favors, and other verbal or
physical conduct of a sexual nature constitute sexual harassmentwhen (I) submission
to such conduct, is made either explicit!>, or implicit!)' a .term or condition of an
individual's employment, (2) submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affeCting such individual. or (3) such
conduct has the purpose or effect of unreasonab!)' interfering with an individual's
work performance or creating an intimidating. hostile, or offensiveworking environment.
3001(8) In determining whether alleged conduct constitutes sexual harassment, the
Commission will look at the record as a whole and at the totali9' of the circumstances.
such as the nature of the sexual advancesand the context in which the alleged incidents
occurred. The determination of the legali9' of a particular action will be made from
the facts. on a case by case basis.
3001(C) App!ying general Fair Employment Practices Act principles. an employer,
employment agency. employee-referring source or labor organization (hereinafter
collective!y referred to as "employer") is responSible for its acts and those of its
agents and supervisol)' employees with respect to sexual harassment regardless of
whether the specific acts complained of were authorized or even forbidden by the
employer and regardless of whether the employer knew of their occurrence. The
Commission will examine the circumstances of the particular employment relationship
and the job functions performed
by the individual in determining whether an individual
acts in either a supervisory or a~encv caoacitv.
300l(D)
With respect to conduct between fellow employees. an employer is responsible
for acts of sexual harassment in the workplace where the employer (or its agents or
supervisory employees) knows or should have known of the conduct.
show that it took immediate and appropriate
3001 (E) An employer
may
unless it can
corrective action.
also be responsible for the acts of non-employees.
with
respect to sexual harassment of employees in the workplace. where the employer (or
its agents or supervisory employees) knows or should have known of the conduct and
fails to take immediate and appropriate
corrective action.
In reviewing these cases
the Commission will consider the extent of the employer's control and
responsibili~
any
wnich the employer mc!y have with respect to the conductof
other legal
such non-
employees.
300l(F)
Prevention is the best tool for the elimination
of sexual harassment.
An
employer should take all steps necessary to prevent sexual harassment from
occurring.
disapproval.
such as affirmative!>' raising the subject. expressing strong
developing
appropriate
sanctions.
informing
~
employees of their right
to raise and how to raise the issue of harassment under the Fair Employment
Practices Act. and developing
methods to sensitize
3001(G) Other related practices:
all concerned.
Where employment
are granted because of an individual's
submission
denied that employment
or benefits
to the employer's sexual
advances or reQuests for sexual favors. the employer
unlawful sex discrimination
opportunities
may
be held liable for other
C!gainst other persons who were Qualified for but
opportuni~
or benefit.
WHAT THE LAW REQUIRES
The General Laws of Rhode Island place specific reQuirements on Rhode Island
employers above and beyond the general prohibition
workplace
contained
In the Fair Employment
of sexual harassment in the
Practices Act.
Required Policv~ on Sexual Harassment·
Every Rhode Island employer that employs fifry (50) or more employees must adopt and
disseminate
a policy against sexual harassment.
Rhode Island entilled"Adoption
Section 28-51-2 of the General Laws of
of workplace policy and statement",
provides as follows: .
(a) All employers and employment agencies shall promote a workplace free of sexual
harassment.
(b) Every employer shall:
(I) Adopt a poligt against sexual harassment which includes:
(I) A statement that sexual harassment in the workplace is unlawful;
(ii) A statement that it is unlawful to retaliate against an employee for filing a complaint of
sexual harassment or for cooperating in an investigation of a complaint for sexual
harassment:
(Hi) A description and examples of sexual harassment:
(iv) A statement of the range of conseQuencesfor employees who are found to have
committed sexual harassment;
(v) A description of the process for filing internal complaints about sexual harassment and
the work addresses and telephone numbers of the person or persons to whom complaints
should be made: and
(vi) The identi~ of the appropriate state and federal employment discrimination
enforcement agencies, and directions as to how to contact those agencies.
(2) Provide to all employees a written copy of the employer's policy against sexual
harassment; provided, that a new employee shall be provided such a copy at the time of his
or her employment.
(c) Employers are encouraged to conduct an education and training program for new
employees and members, within one year of commencement of employment or membership,
which includes at -aminimum the information set forth in this section. Employers are
encouraged to conduct additional training for new supervisory and managerial employees
within one year of commencement of employment which shall include at a minimum the
information set forth in subsection (b). the specific responsibilities of supervisory and
managerial employees and the methods that these employees should take to ensure
immediate and appropriate corrective action in addressing sexual harassment complaints.
Employers and appropriate state agencies are encouraged to cooperate in making education
and training available.
.
(d) Employers shall provide copies of their written policies on sexu~1harassment to all
employees upon their reQueston or before September I, 1997.
(e) Employers shall be reQuired to maintain copies of their written policies on sexual
harassment at their business premises, and copies of the policies shall be made available to
a~ state or federal employment discrimination enforcement agency upon reQUest.
In 2003. the Rhode Island General Assemb~ amended the Fair Employment Practices Act
to reQuire that employers who receive internal complaints of workplace harassment from
employees. including. but not limited to, complaints of sexual harassment, must, upon
reQuest, provide the employee with a written statement on the disposition of the
complaint including a description of any action taken in resolution of the complaint.
Failure to notify the employee of the disposition of their complaint is a violation of the Fair
Employment Practices Act.